Dowson and Murnan (Child support)

This matter concerned a review of a child support assessment by the Federal Circuit Court of Australia. The parties, referred to as Dowson and Murnan, were in dispute regarding the percentage of care attributed to each parent for the purposes of calculating child support obligations. The core of the disagreement stemmed from the period when both parents were residing under the same roof, and how this living arrangement impacted the assessment of care.

The court was required to determine the likely pattern of care from the commencement of the administrative assessment, specifically addressing the period when the parents lived together. This involved considering the practical realities of care arrangements within a shared household and how these arrangements should be reflected in the statutory framework for child support. The central legal issue was whether the initial assessment accurately captured the percentage of care provided by each parent during this cohabitation phase.

In reaching its decision, the court applied the principles governing the assessment of child support, particularly concerning the determination of the percentage of care when parents live together. The court considered the evidence presented regarding the day-to-day care of the child during the relevant period. Ultimately, the court found that the decision under review was not in accordance with the law and therefore set it aside, substituting its own decision regarding the percentage of care. The court ordered that the child support assessment be varied to reflect the determined percentage of care.